Rapist handed three year term
AN ARDEE man has been sentenced to three years for raping a woman at a house party over two years ago.
Christopher Minogue (29) of Rockfield Close, Stoney Lane, Ardee pleaded guilty to the rape of the 27year-old victim in an apartment bedroom on October 12 2009.
Mr. Justice Paul Carney said it was the 'experience of the court' that a young man taking that amount of drink, along with a cannabis joint, can wake up the next morning unaware that he has committed homicide or rape.
He accepted that the Director of Public Prosecutions found the offence was at the lower end of the scale.
Mr. Justice Carney said he had taken into account the ' inherent grave nature of the offence' and the effect it had on the victim.
'As she stated in her victim impact report he had no right to violate her while she slept,' the judge remarked.
He sentenced Minogue to three years in prison with the final 18 months suspended on condition that he stay away from the victim upon his release from prison.
Mr. Justice Carney said he had also taken into consideration Minogue's previous good character and genuine remorse.
Garda Patricia Flynn told prosecuting counsel, Mr. Paul Coffey SC, that the victim was out socialising in various pubs and a night club before returning to an apartment with several other people. Minogue later joined the group.
The woman had drunk a large amount and went to sleep in one of the bedrooms at about 3.30 a.m.
According to one witness, Minogue had to be stopped from entering the bedroom several times during the night.
At about 8 a.m. the woman awoke to find Minogue having sex with her. She jumped up and ran out of the room.
Later that day she alerted gardai and was taken to a sex assault treatment unit for examination. She also had to get tested for HIV.
Minogue was arrested and claimed he went into the room and sat on the bed where there was 'a bit of groping'.
He later admitted raping her and said he drank 13 cans, three pints, six shots, three double vodkas and smoked a cannabis joint prior to the incident.
